Apartment Occupant Wasn't a Licensee

June 11, 2013

LVT Number: #24837

Building owners sued to evict their sister, who occupied an apartment in the building. The owners claimed that the sister was a licensee and no longer had permission to occupy the apartment. They served a 10-day notice to quit before starting the eviction proceeding. The sister claimed that she had a life estate and was entitled to remain in the apartment. The court ruled against the owners, finding that the sister wasn't a licensee because there was no proof that she had exclusive possession of the apartment.

Building owners sued to evict their sister, who occupied an apartment in the building. The owners claimed that the sister was a licensee and no longer had permission to occupy the apartment. They served a 10-day notice to quit before starting the eviction proceeding. The sister claimed that she had a life estate and was entitled to remain in the apartment. The court ruled against the owners, finding that the sister wasn't a licensee because there was no proof that she had exclusive possession of the apartment. She was, at minimum, a tenant at will or tenant at sufferance, and therefore was entitled to a 30-day termination notice before eviction proceedings could be commenced. The case was dismissed.

Chu v. Lee: 2013 NY Slip Op 50859(U), 2013 WL 2301813 (App. T. 2 Dept.; 5/14/13; Weston, JP, Pesce, Rios, JJ)

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